Jameson, Re Reference By the Attorney General [2003] EWCA Crim 3011 (04 November 2003)

Jameson, Re Reference By the Attorney General [2003] EWCA Crim 3011 (04 November 2003)

The original sentence failed to reflect the seriousness and totality of the offending, particularly the aggravating features and the breach of a Community Rehabilitation Order. An appropriate sentence was 6 years' imprisonment, but applying double jeopardy, a total sentence of 5 years' imprisonment was substituted,...

Source-derived case information.

Citation
[2003] EWCA Crim 3011
Parties
Applicant: Attorney General; Offender: Leon Mark Jameson
Jurisdiction
England and Wales
Judgment Date
04 November 2003
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference; substituted sentence imposed.
Legal Topics
Unduly Lenient Sentence, Robbery, Theft, Attempted Robbery, Sentencing Principles, Community Rehabilitation Order Breach
Criminal Law Unduly Lenient Sentence Robbery Theft Attempted Robbery Sentencing Principles Community Rehabilitation Order Breach

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Parties

Attorney General

Applicant

Leon Mark Jameson

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed on Leon Mark Jameson was unduly lenient
  2. 2 Appropriate sentence for a concerted course of theft and robbery offences with aggravating features

Ratio Decidendi

The original sentence failed to reflect the seriousness and totality of the offending, particularly the aggravating features and the breach of a Community Rehabilitation Order. An appropriate sentence was 6 years' imprisonment, but applying double jeopardy, a total sentence of 5 years' imprisonment was substituted, with 4 years for attempted robbery (Count 6) to run consecutively to the theft (Count 1).

Court Disposition

Sentence increased on Attorney General's Reference; substituted sentence imposed.

Orders

  • Quash sentence of 12 months' imprisonment concurrent on Count 6 and substitute 4 years' imprisonment to run consecutively to Count 1 and concurrently with other sentences.
  • Total sentence substituted: 5 years' imprisonment.